District Court: The case of the disappearing DWI charge

Before appearing in court, Woodbridge resident Nina Renee Kempson faced charges of a second offense of DWI and second refusal to submit to a blood or breath test. The charges stemmed from a traffic stop on July 18, 2015, by Rappahannock County Sheriff’s Deputy M. Dodson. Convictions on both charges would likely have entailed some jail time, supervised probation, and other consequences. However, as she stood in front of Judge J. Gregory Ashwell, Kempson, 34, was pretty confident those charges would be amended or even dropped. She would not see any jail time.

Here’s the background. In June of 2015, Kempson was arrested and charged in Prince William County with a first DWI charge. She refused to submit to a blood or breath test that time, as well. By the time she arrived at Prince William District Court to be sentenced on Nov. 2, 2015, the DWI charge had been amended to general reckless driving, to which she pleaded guilty. And the refusal charge was dropped.

Because she did not have a first charge of DWI on her record, she could not be sentenced for a second offense in Rappahannock. She pleaded guilty to an amended charge of general reckless driving and was ordered to pay a $250 fine. Her driver’s license was suspended for 90 days. The second refusal charge was dropped.

She was also found guilty of two additional charges arising from the same July 18, 2015, stop. For driving under a revoked or suspended license, she was sentenced to 90 days in jail, all suspended, and 12 months of unsupervised probation, and ordered to pay a $100 fine. For driving without a proper child restraint, she was found guilty and ordered to pay $50.

For a charge of failing to appear in court on Nov. 17, she was found guilty and sentenced to 10 days in jail, all suspended, and ordered to pay $100 fine.

Eric Jonathan Comer, 42, of Luray was arraigned on a charge of non-compliance with Virginia’s alcohol safety awareness program, VASAP. His case was continued to March 8, 2016. It’s not the first time he has run afoul of VASAP. On Aug, 18, 2015, he was charged with violating the conditions of the program and sentenced to four days in jail.

Both violations are related to a March 14, 2015, charge of a first offense of DWI. He pleaded guilty in district court on June 9, and was sentenced to 90 days in jail, all suspended. His license was suspended for 12 months, but he was allowed to apply for a restricted license for limited uses. He was ordered to have an ignition interlock device installed on his vehicle and attend VASAP.

John Jason Dulaney Early, 36, of Culpeper pleaded guilty to two misdemeanor charges. For a first offense of possession of marijuana, he was sentenced to 30 days in jail, all suspended, and 12 months of unsupervised probation. His driver’s license was suspended for six months and he was ordered to pay a $100 fine. For driving on a revoked permit, he was sentenced to 120 days in jail, all suspended, and ordered to pay a $250 fine.

The case against Mark Edward Ferris, of Amissville, was again continued, this time to March 8. He is charged with violating the conditions of VASAP. On Aug. 8, 2014, Ferris pleaded guilty to a first offense of DWI, amended down from a charge of a second DWI offense. He was sentenced to 90 days in jail, all suspended. His license was suspended for 12 months, but he was allowed to apply for a restricted license for certain limited uses. He was required to have an ignition interlock device installed on his vehicle and to complete VASAP.

Brian Guy Tipton, 65, of Alexandria, originally charged with possession of marijuana, pleaded guilty to an amended charge of possession of drug paraphernalia. He was sentenced to 30 days in jail, all suspended, and 12 months of unsupervised probation.

Mallory Lorine Parsons, 23, of Virginia Beach pleaded guilty to possession of marijuana and was sentenced to six months of supervised probation. Her driver’s license was suspended for six months, but she can apply for a restricted license for certain limited uses, and she must complete the VASAP program.

Felony eluding charge sent to grand jury

One felony charge against Patrick Jacob Mesina Asis of eluding or disregarding police was certified to the grand jury. A second count was dropped, as were misdemeanor charges of reckless driving and driving 20 mph. or more over the speed limit. On Sept. 7, 2015, the 38-year-old Brookville, M.D., resident, on his Kawasaki motorcycle, led State Trooper Phillip Thomas on a high-speed chase through Sperryville, on Rt. 211, Fodderstack Road, U. S. 522, and Rt. 729.

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